Case 2410473/2021 · Employment Tribunal
Miss Lesley Burrill v Mr Avarinth Sivasithamparam t/a Ansdell Wines — 2022
- Case reference
- 2410473/2021
- Decision date
- 25 January 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Ganner REPRESENTATION
Parties
2 namedClaimant
Miss Lesley Burrill
Key findings
Tribunal's reasoningThe tribunal found that Miss Lesley Burrill had been unfairly dismissed and that the respondent had failed to pay holiday entitlement due on termination. The claimant had started employment with Ansdell Wines on 11 November 2015, her employment transferred to the respondent on or about 5 March 2021 under TUPE, and she was aged 58 at dismissal.
For holiday pay, the tribunal ordered payment in lieu of 63.8 hours of accrued but untaken holiday at £8.91 per hour, making £568.35 gross. For unfair dismissal, the schedule recorded a basic award of £1,202.85 and a compensatory award of £4,757.09.
The compensatory award included £2,950.99 for loss of wages between 29 June 2021 and 4 November 2021, £400 for loss of statutory rights, and a 25% uplift of £837.75 because the respondent unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures under section 207A of TULR(C)A 1992. The recoupment annex recorded a total monetary award of £5,959.94 for the dismissal claim, a prescribed element of £2,950.99, and an excess of £3,008.95.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The schedule recorded a basic award of £1,202.85 and a compensatory award of £4,757.09, with the recoupment annex stating a total monetary award of £5,959.94. The compensatory award included £2,950.99 loss of wages, £400 for loss of statutory rights, and a 25% uplift under section 207A. | Upheld | — | £5,960 |
| Holiday pay | The tribunal found the respondent had failed to pay holiday entitlement on termination and ordered payment in lieu of 63.8 hours accrued but untaken holiday at £8.91 per hour. | Upheld | — | £568 |
Remedy
Monetary award- Total award
- £6,528
- across all upheld claims
- Basic award
- £1,203
- statutory, unfair dismissal
- Compensatory award
- £4,757
- compensatory remedy recorded
Legal tests applied
2 references- section 207A TULR(C)A 1992
- ACAS Code of Practice on Disciplinary and Grievance Procedures
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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